A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750
SO AS TO MAKE IT A FELONY FOR A PERSON TO KNOWINGLY CIRCUMCISE, EXCISE, OR
INFIBULATE CERTAIN PARTS OF THE ANATOMY OF A FEMALE WHO HAS NOT ATTAINED THE
AGE OF EIGHTEEN YEARS, TO MAKE IT A MISDEMEANOR FOR A PERSON TO KNOWINGLY DENY
TO ANY PERSON MEDICAL CARE OF SERVICES OR OTHERWISE DISCRIMINATE AGAINST A
PERSON IN THE PROVISION OF MEDICAL CARE OF SERVICES BECAUSE THAT PERSON HAS
UNDERGONE OR REQUESTED FEMALE CIRCUMCISION, EXCISION, OR INFIBULATION, AND TO
PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1: The 1976 Code is amended by adding:

"Section 16-3-750. (A) Except as provided in subsection (B), whoever
knowingly circumcises, excises or infibulates the whole or any part of the
labia majora or labia minora or clitoris of a female who has not attained the
age of eighteen years is guilty of a felony and, upon conviction, must be
fined no more than five thousand dollars or imprisoned not more than five
years or both. Each violation constitutes a separate offense.

(B) A surgical operation is not a violation of this section
if the operation is:

(1) necessary to the health of the person on whom it
is performed and is performed by a person licensed or permitted by law
to perform the procedure; or

(2) performed on a person in labor or who has just
given birth and is performed for medical purposes connected with that
labor or birth by a person licensed or permitted by law to perform the
procedure.

(C) In applying subsection (B)(1), no account shall be taken
of the effect on the person on whom the operation is to be performed of any
belief on the part of that or any other person that the operation is required
as a matter of custom or ritual.

(D) Whoever knowingly denies to a person medical care
or services or otherwise discriminates against a person in the provision
of medical care or services because that person has undergone female circumcision,
excision, or infibulation or has request that female circumcision, excision,
or infibulation be performed on any person, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand dollars or imprisoned
for not more than one year, or both. Each violation constitutes a separate
offense."